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Condo Act (Florida) vs Declaration Of Condominium

Discussion in 'Condo & Co-op Issues' started by AlCrivJr, Sep 2, 2020.

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  1. AlCrivJr

    AlCrivJr Law Topic Starter New Member

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    Jurisdiction:
    Florida
    I live in a Florida condo. Our Declaration Of Condominium was recorded in 1983.

    There is a section which mentions that the Condo Act (718) as amended through the date of the recording of this Declaration, is incorporated into this Declaration by reference, and all provisions of the Condominium Act shall apply to this Condominium. All words used in this Declaration have the meanings and definitions set forth in the Condominium Act, unless otherwise provided herein.

    My question is, does "as amended through the date of the recording of this Declaration" mean that the Condo Act (as of 1983, which is when our Declaration was recorded) is incorporated into our Declaration, but NOT all the amendments from 1983 to the present?

    I realize it does not state "as amended from time to time"

    Where online might I find clarification to my question please?

    Thank you in advance for your help.

    AlCrivJr
     
  2. Zigner

    Zigner Well-Known Member

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    It's a pretty straight-forward statement. If you need further clarification, you should ask an attorney who specializes in property/real estate matters to review the entire document prior to giving you advice.
     
  3. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Simple English would be that the Condo Act and all amendments as of the date the Declaration Of Condominium was recorded are included.
     
  4. Zigner

    Zigner Well-Known Member

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    Something to be careful of is if any of the subsequent amendments to the Condo Act specifically cause any prior portions to be prohibited. If that occurs, it's possible that the item in question (in the docs) is no longer is valid, no matter what the docs say.
     
  5. adjusterjack

    adjusterjack Super Moderator

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    I don't think it makes any difference because Section 718-102 of the Act, as published in 1919 says:

    Statutes & Constitution :View Statutes : Online Sunshine

    To me, that means that the current condo statute applies to your condo association no matter what the condo documents say.

    What is happening to you that gives rise to the question?
     
    Last edited: Sep 2, 2020
    PayrollHRGuy likes this.
  6. AlCrivJr

    AlCrivJr Law Topic Starter New Member

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    First, thank you Zigner, PayRollHRGuy and adjusterjack for your taking time to help me. I appreciate it.

    I have read several blogs by Florida Condo Lawyers on this. Learned quite
    a bit, especially searching "Kaufman" language. Cleared up a lot for me.

    I am willing to do more online research. Request some guidance please.

    If someone on this board wanted to search to see if there is a standard meaning of "through the date of" used in contracts, where would they search?

    If our declaration incorporated the Condo act "as amended from time to time", then that would be very clear to me in meaning.

    But since our declaration uses the phrase "through the date", I am hoping someone may be able to guide me to any online references I can study to see how that phrase is used in contracts.

    Again, thank you for your timely responses and care. This is a great board.

    AlCrivJr
     
  7. Zigner

    Zigner Well-Known Member

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    You missed the most important point. Regardless of what your documents say, the Condo Act, as codified now, applies to your condos.
     
    army judge likes this.

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